October 2015 | 573 N.W.2d 425 (Neb. 1998)

State v. Batt and Filbert (Nebraska 1998)

Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption. Res judicata and estoppel do not bar the action when the subsequent action involves new parties. The presumption must be rebutted by clear and convincing evidence which can include testimony and a genetic test.

State v. Batt and Filbert.pdf

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